These Office of General Counsel Interview Guidelines focus on what inquiries are prohibited by law. For more general interview guidelines which include good management practice and other non-legal perspectives, see the CUA Human Resource Office Interview Tips and Guidelines.

The interviewing party should be careful to ask only questions that are job related. Job applications should also be reviewed to make sure they conform to the law. The following guidelines set forth permissible and impermissible inquiries during the job interview and before the offer to hire is made.

Age, birth certificate. Federal law prohibits discrimination on the basis of age over 40. DC imposes an additional layer of protection starting at age 18. Inquiries as to date of high school or college graduation.

Whether candidate meets minimum or maximum age requirement that is a bona fide occupational qualification (BFOQ), such as for police officer or firefighter.

It is an unfair employment practice to discriminate on the basis of citizenship. The law does not protect unauthorized aliens. It protects citizens and intending citizens, which includes aliens who are lawful permanent residents, as well as temporary residents under the amnesty program who complete a declaration of intention to become a citizen. It is not an unfair employment practice for an employer to prefer to hire a citizen or national of the U.S. over another individual who is an alien if the two individuals are equally qualified for the job. See 8 U.S.C. § 1324B.

Inquires about past criminal convictions may only be made after a conditional offer is made and the offer can only be withdrawn if the employer can show a legitimate business reason. See also ARREST RECORD.

Inquiries about convictions that reasonably relate to performing the job in question, but only after conditional offer. Background checks are then allowed. SeeDC Ban the Box law.

Inquiries relating to credit history or credit rating that do not relate to the job in question. Good credit requirements have been challenged as discriminatory because they may have an adverse impact on minorities.

Disqualification of a candidate who does not have a particular degree unless employer has proven that the specific degree is the only way to measure a candidate's ability to perform the job in question.

Inquiries about membership in an organization which reflects religion, national origin, race, sex or age of the candidates. Not hiring someone because they belong to the National Organization for Women might be viewed as sex discrimination.

Under federal law, federal contractors may not discriminate against protected veterans and are required to take affirmative action to hire, recruit, promote and retain these vets. VEVRAA prohibits contractors from using qualification standards and selection criteria that screen out or tend to screen out a disabled or other protected veteran or a class of disabled or other protected veterans unless the contractor can show that the standards or criteria are job-related for the position in question and consistent with business necessity.

Type of experience or education in military as it relates to job. Under the VEVRAA regulations employer may invite applications to self identify. OFCCP will permit Employers to invite applicants to self identify after they meet the Internet Applicatint requirements

Lineage, ancestry, descent, mother tongue, birthplace, citizenship. National origin of spouse or parents. Refusal to hire because of a foreign accent or lack of facility with English could be construed as national origin discrimination. Individuals must be able to communicate well enough to perform the job.

DC law prohibits discrimination on the basis of personal appearance. Avoid asking questions about the person's appearance or making unnecessary comments on personal appearance.

OK to state guidelines for on the job dress code that serves a reasonable business purpose, and to advise of CUA rules regarding standards of appearance or dress to prevent a danger to the health, welfare, or safety or employees or others.